I sublet a room from someone. As the landlord is selling the house, we have to move out within a month. My roommate has the lease and rented this house for more than 10 years. There are lots of things that require attention around the house. Recently, we have troubles closing up the garage door. Sometimes, it works well. Sometimes, it doesn't. I had asked my roommate if he plans to fix it or calls on someone to work on that thing. He said 'At this point, I don't want to do anything.' When I tried to hit the button to close the garage door last night, I heard a big cracking noise. I think something was broken with the chain. My question is if I need to take full responsibility for that. I have told my roommate something is wrong with the garage door. He decided not to take any actions. I feel like we are playing the musical chair. I am just the unluncky one.
My roommate is known for a deadbeat. When the other guy moved out, my roommate deducted a huge amount of deposit. They had a big fight over this. The other guy did clean up the place very nice. Also, he is not a smoker. I just don't understand what my roommate's excuses on deducting a huge amount of deposit. My roommate still has $600 deposit from me. I just worry if I can get that back.
P.S. The landlord doesn't know my roommate is subleting the house to other people.
2007-06-26 09:20:50 · 5 answers · asked by sarcasm2046 2 in Business & Finance ➔ Renting & Real Estate
If you're subletting, you don't have a roommate, you have a landlord. Your landlord also has a landlord: The property owner.
The garage door is the property owner's problem, not the tenant's, so it's clearly not your problem, nor is it YOUR landlord's (the guy with the lease) problem.
If your landlord (again, this is the guy with the lease, NOT the property owner!) doesn't properly clear your deposit when you move out -- i.e. provide a detailed accounting of any legitimate charges and refund any remaining balance normally within 30 days -- he will lose the right to make any deductions from your deposit. You can sue him in Small Claims Court for any deposit improperly withheld.
If the property owner finds out about the improper sublet he COULD evict you both. However as you need to be out within the month anyway, that would be a moot point.
2007-06-26 09:32:56 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
This makes alot more sense with the PS on it. Well, the garage is normal wear and tear so the lanlord needs to pay for it anyhow. I'd just call him up yourself (or tell teh roomate to do it and if he doesn't then do it yourself) and tell him to fix it. Since he'll need to have it fixed to sell the palce he should fix it.
Now about the rent deposit. I think its very likely the roomate will keep yours too. Do you have an agreement with him in writing? If (or when) he keeps your deposit you could take him to court but if you don't have an agreement this may be a losing cause, legally speaking. If you have not payed your rent for the last month I simply wouldn't pay it (or don't pay $500 of it) and tell the roommate to keep your deposit in lieu of the remaing $500 rent you were supposed to pay.
If you don't have to pay anymore rent before leaving you may want to refuse to leave the place until you have been there for an extra $500 worth of time or until you get your money back. The landlord will then have to evict you which should take a month, but the problem is you are really screwing over the landlord not the deadbeat roomate. So you may not want to go this route.
Tough call, but I would assume at this poinnt that the rommoate will keep some or all of your deposit and do everything you can to get that back now - once you move out you will have no leverage to get the money and I don't even think your chance in court are great.
2007-06-26 09:33:53 · answer #2 · answered by Slumlord 7 · 0⤊ 0⤋
Did you get something in writing about the terms of the deposit and sub-lease agreement with your housemate? His name is on the lease - so he will get dinged by the owner for damages. That may at least give you some satisfaction. But if you don't have anything in writing about your deposit, your housemate may decide to keep the $600 you gave him, and you will have a tough time (if impossible) getting it back.
Your other option is to tip off the landlord that the guy has been sub-letting a room, and you will have some satisfaction that he gets dinged by the landlord for this.
2007-06-26 09:37:40 · answer #3 · answered by madmax 3 · 0⤊ 0⤋
i recently went by way of a huge hassel over my deposit with my final landlord. What you're able to do is verify your states Revised code. and seek for a landlord tenant act. locate out what the regulation says then recommendations-set him with the guidelines. in case you do not have time to look it up. seek for advice from a criminal expert. The rules variety state to state. The rules in maximum states easily guard the tennant. My ex landlord took me to court docket once I informed him to maintain my deposit as hire. We gained because of the fact he broke the regulation. i'm hoping this helps.
2016-10-03 04:36:08 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You may have to go to court to take care of this. Make sure you take pictures & start getting a hold of witnesses that may have seen the damage as pre existing (before you moved in). Good luck.
2007-06-26 09:32:21 · answer #5 · answered by Cheyenne 4 · 0⤊ 0⤋